173-308-010Authority and purpose. (1) Authority. This chapter is adopted under the authority of chapters 70.95J and 70.95 RCW.

(2) Purpose.

(a) The purpose of this chapter is to protect human health and the environment when biosolids are applied to the land. This chapter encourages the maximum beneficial use of biosolids, and is intended to conform to all applicable federal rules adopted under the Federal Clean Water Act as it existed on February 4, 1987.

(b) This chapter establishes permitting requirements for treatment works treating domestic sewage that engage in applicable biosolids treatment or management practices, including any person, site, or facility that has been designated as a treatment works treating domestic sewage.

(c) This chapter establishes standards for the treatment, quality, and management of municipal sewage sludge and domestic septage that are directly enforceable, and that allow these materials to be classified and managed as biosolids.

(d) This chapter establishes requirements, standards, management practices, and monitoring, recordkeeping and reporting requirements that are applicable when biosolids are applied to the land and when municipal sewage sludge is disposed in a municipal solid waste landfill unit as defined in WAC 173-351-100.

Fees under WAC 173-308-320 do not apply to persons whose activity is limited to pumping, hauling, temporarily storing, or delivering septage or biosolids to other facilities or land application sites, if:

(i) They do not engage in the treatment of the septage or biosolids;

(ii) They have not been designated as a treatment works treating domestic sewage; and

(iii) The generating and receiving facility or land application site is in compliance with the requirements of WAC 173-308-310.

173-308-020Applicability. (1) Unless otherwise specified in this chapter, these rules apply to the following:

(a) A person who prepares biosolids;

(b) A person who stores biosolids;

(c) A person who applies biosolids to the land;

(d) Biosolids that are applied to the land;

(e) The land where biosolids are applied;

(f) The owner and lease-holder of land where biosolids are applied;

(g) A person who disposes of municipal sewage sludge in a municipal solid waste landfill;

(h) Municipal sewage sludge that is disposed of in a municipal solid waste landfill.

(2) This chapter does not apply to the following municipal sewage sludge and biosolids management facilities and practices:

(a) The firing of municipal sewage sludge in an incinerator.

(b) The placing or disposal of municipal sewage sludge or biosolids in facilities other than municipal solid waste landfills.

(3) Except as provided in (a) and (g) of this subsection, the following solid wastes are not regulated under this chapter:

(a) Sludge generated at an industrial facility during the treatment of industrial wastewater, including sewage sludge generated during the treatment of industrial wastewater combined with domestic sewage; sludge generated at an industrial facility during the treatment of only domestic sewage is considered municipal sewage sludge subject to the requirements of this chapter.

(c) Sewage sludge with a concentration of polychlorinated biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total solids (dry weight basis).

(d) Ash generated during the firing of municipal sewage sludge or biosolids in an incinerator.

(e) Grit or screenings generated during preliminary treatment of domestic sewage in a treatment works.

(f) Sludge generated during the treatment of either surface water or ground water used for drinking water.

(g) Commercial septage, industrial septage, or a mixture of domestic septage and commercial or industrial septage; on a case-by-case basis, on request of the person who applies septage to the land or at the department's discretion, the department may designate the septage in this subsection (3)(g) as septage that is domestic in quality, and require the septage to be managed in accordance with the provisions of this chapter.

173-308-030Relationship to other regulations. In addition to the requirements of this chapter, other laws, regulations, and ordinances may also apply to biosolids. These include but are not limited to the following:

(1) Commercial fertilizers are subject to regulation by the Washington state department of agriculture. The following statutes and rules apply to biosolids meeting the definition of a commercial fertilizer under chapter 15.54 RCW:

(2) Except as required in WAC 173-308-100, the transportation of biosolids or municipal sewage sludge is subject to regulation by the Washington state utilities and transportation commission under Title 81 RCW.

(3) Facilities required to obtain permits under WAC 173-308-310 must comply with the requirements in chapter 43.21C RCW and the State Environmental Policy Act rules adopted under chapter 197-11 WAC. Public notice and hearing requirements under the State Environmental Policy Act may be coordinated with the similar requirements of this chapter.

(4) Biosolids facilities and sites where biosolids are applied to the land must comply with other applicable federal, state and local laws including zoning and land use requirements. Enforcement of other laws and regulations is the responsibility of the agency with jurisdiction.

173-308-040Direct enforceability. All persons and facilities subject to the requirements of this chapter must comply with these rules on the effective date of the applicable regulation, regardless of whether or not a permit has been issued under WAC 173-308-310.

173-308-050Delegation of authority. (1) Upon the request of a local health department, the department may delegate authority to implement and assist in the administration of appropriate portions of this chapter.

Delegation must be consistent with any applicable state-EPA agreement regarding delegation of federal biosolids program authority.

(2) Method of delegation.

(a) Delegation will be accomplished through an instrument of mutual consent that is acceptable to both the department and the local health department seeking delegation.

(b) The department may revoke part or all of a delegation of authority under this section if it finds that a local health department has failed to adequately carry out any portion of a delegated responsibility.

(c) As an alternative to revocation of local delegation under (b) of this subsection, the department may correct any deficiencies in a locally approved state permit element by implementing the requirements of this chapter in a separate state approved land application plan or permit. In such case the requirements of the state plan or permit will be in addition to or take precedent over local requirements.

(3) Contents of delegation agreements. At a minimum, delegation agreements must specify the authorities and responsibilities that are being delegated to a local health department. Other authorities and responsibilities are assumed to be retained by the department.

173-308-060Biosolids not classified as solid waste. (1) The state of Washington recognizes biosolids as a valuable commodity. Biosolids are not solid waste and are not subject to regulation under solid waste laws.

(2) Municipal sewage sludge or septage that fails to meet standards for classification as biosolids is a solid waste, and may not be applied to the land.

(3) Municipal sewage sludge or septage that will be disposed in a landfill is a solid waste.

173-308-070Use of term, "biosolids" — Explanation. Biosolids is a term adopted in state statute to distinguish municipal sewage sludge that is suitable for land application from that which is not. Under state law biosolids includes both municipal sewage sludge and septage that meet applicable criteria. Federal rules do not use the term "biosolids," and rely instead on the term "sewage sludge," which under the federal system includes domestic septage. Some federal guidance documents do use the term biosolids. Unless the context requires otherwise, biosolids is the term used in this chapter to refer to municipal sewage sludge or septage that has been or is being treated to meet standards so that it can be applied to the land. Material that will be disposed in a landfill is considered municipal sewage sludge. When the term septage is used, the reference is exclusively to septage.

173-308-080Definitions. Unless the department determines that the context of the rule requires otherwise, the following definitions are applicable for the purposes of this chapter.

"Administrator" means the Administrator of the United States Environmental Protection Agency, or an authorized representative.

"Aerobic digestion" is the biochemical decomposition of organic matter in biosolids into carbon dioxide and water by microorganisms in the presence of air. Aerobic digestion does not include composting.

"Agricultural land" is land on which a food crop, feed crop, or fiber crop is grown. This includes range land and land used as pasture.

"Agronomic rate" is the whole biosolids application rate (dry weight basis) that will provide the amount of nitrogen required for optimum growth of vegetation, and that will not result in the violation of applicable standards or requirements for the protection of ground or surface water as established under chapter 90.48 RCW and related rules including chapters 173-200 and 173-201 WAC.

"Anaerobic digestion" is the biochemical decomposition of organic matter in biosolids into methane gas and carbon dioxide by microorganisms in the absence of air. Anaerobic digestion does not include composting.

"Annual pollutant loading rate" is the maximum amount of a pollutant that can be applied to a unit area of land during a three hundred sixty-five-day period.

"Annual whole biosolids application rate" is the maximum amount of biosolids (dry weight basis) that can be applied to a unit area of land during a three hundred sixty-five-day period.

"Apply biosolids or biosolids applied to the land" means the land application of biosolids for the purpose of beneficial use.

"Beneficial use facility" means a site or sites where biosolids are applied to the land for beneficial use, which has been permitted as a treatment works treating domestic sewage in accordance with the provisions of WAC 173-308-310, and that has been designated as a beneficial use facility through the permitting process.

"Beneficial use of biosolids" means the application of biosolids to the land for the purposes of improving soil characteristics including tilth, fertility, and stability and enhancing the growth of vegetation consistent with protecting human health and the environment.

"Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process, that can be beneficially recycled and meets all applicable requirements under this chapter. Biosolids includes a material derived from biosolids, and septic tank sludge, also known as septage, that can be beneficially recycled and meets all applicable requirements under this chapter. For the purposes of this rule, semisolid products include biosolids or products derived from biosolids ranging in character from mostly liquid to fully dried solids.

"Bulk biosolids" means biosolids that are not sold or given away in a bag or other container for application to the land.

"Ceiling concentration" means the maximum concentration of a pollutant in any biosolids sample, beyond which level the biosolids would be classified as municipal sewage sludge not suitable for application to the land. Ceiling concentrations are established in Table 1 of WAC 173-308-160.

"Class I biosolids management facility" is any publicly owned treatment works (POTW), as defined in 40 CFR 501.2, required to have an approved pretreatment program under 40 CFR 403.8(a) (including any POTW located in a state that has elected to assume local program responsibilities under 40 CFR 403.10(e)), and any treatment works treating domestic sewage, as defined in 40 CFR 122.2, classified as a Class I biosolids management facility by the EPA Regional Administrator, or in the case of approved state programs, the Regional Administrator in conjunction with the state director, because of the potential for its biosolids use or disposal practice to affect public health and the environment adversely.

"Clean Water Act" or "CWA" means the Clean Water Act or Federal Clean Water Act (FCWA) (formerly referred to as either the Federal Water Pollution Act or the Federal Water Pollution Control Act Amendments of 1972), Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, Public Law 97-117, and Public Law 100-4.

"Composting" means the controlled biological degradation of organic solid waste yielding a product for use as a soil conditioner. This does not include the treatment of sewage sludge in a digester at a wastewater treatment plant.

"Cumulative pollutant loading rate" is the maximum amount of a pollutant that can be applied to an area of land from biosolids that exceed the pollutant concentration limits established in Table 3 of WAC 173-308-160.

"Density of microorganisms" is the number of microorganisms per unit mass of total solids (dry weight) in the biosolids.

"Department" means the Washington state department of ecology and, within the scope of its delegation, a local health department that has been delegated authority under WAC 173-308-050.

"Director" means the director of the department of ecology or his or her authorized representative.

"Disposal on an emergency basis" means a period up to but not exceeding one year. Generally, emergency situations requiring the use of disposal facilities will normally occur as a result of inclement weather conditions at a beneficial use site, contractual or technical difficulties in the treatment, transportation, or application of the biosolids, or as a result of short term economic or administrative barriers, any and all of which are expected to be resolved within a period of one year.

"Disposal on a long-term basis" means to adopt disposal as a preferred method of management for at least five years, or for an indefinite period of time with no expectation for pursuing other management alternatives.

"Disposal on a temporary basis" means a period of more than one but less than five years. Generally, situations requiring the temporary use of disposal facilities will normally occur as a result of deficiencies in the wastewater or biosolids treatment process, or economic, administrative, or contractual constraints which cannot be resolved in less than one year.

"Domestic septage - Class I" is liquid or solid material removed from domestic septic tanks, cess pools, or similar treatment works that receive only domestic sewage, and that has had a sufficiently long residency time to be considered largely stabilized. For the purposes of managing mixed loads or batches of septage, a load or batch is considered Class I if it does not exceed twenty-five percent by volume of Class II domestic septage or twenty-five percent by volume of restaurant grease trap waste, unless otherwise approved by the regulatory authority.

"Domestic septage - Class III" is liquid or solid material removed from domestic septic tanks, cess pools, or similar treatment works that receive sewage from commercial or industrial sources, but which the department has determined to be domestic in quality under WAC 173-308-020 (3)(g).

"Domestic septage managed as biosolids originating from municipal sewage sludge" means domestic septage managed as if it had originated from a sewage treatment process at a publicly owned treatment works.

"Domestic sewage" is waste and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works.

"Dry weight basis" means calculated on the basis of having been dried at 105°C until reaching a constant mass (i.e., essentially one hundred percent solids content).

"EPA" means the United States Environmental Protection Agency.

"Exceptional quality biosolids" means biosolids that meet the pollutant concentration limits in Table 3 of WAC 173-308-160, the Class A pathogen reduction requirements in one of WAC 173-308-170 (2)(a) through (f), and the vector attraction reduction requirements in one of WAC 173-308-180 (2) through (7).

"Facility" means a treatment works treating domestic sewage as defined in this chapter, unless the context of the rule requires otherwise. For the purposes of this chapter a facility is considered to be new if it has not been previously approved for the treatment, storage, use, or disposal of biosolids.

"Feed crops" are crops produced primarily for consumption by animals.

"Fiber crops" are crops such as flax and cotton, including but not limited to those whose parts or by-products may be consumed by humans or used in the production or preparation of food for human consumption.

"Food crops" are crops consumed by humans. These include, but are not limited to, fruits, vegetables, grains, and tobacco.

"Forest" is an area of land that is managed for the production of timber or other forest products, or for benefits such as recreation and watershed protection, and that is or will be dominated by trees under the current system of management. For the purposes of this rule, other areas of land that are not regulated as agricultural land, public contact sites, land reclamation sites, or lawns or home gardens are considered forestland.

"General permit," for the purposes of this chapter, means a permit issued by the department in accordance with the procedures established in this chapter or in chapter 173-226 WAC, to be effective in a designated geographical area, that authorizes the application of biosolids to the land or the disposal of biosolids in a municipal solid waste landfill, under which multiple treatment works treating domestic sewage may apply for coverage.

"Geometric mean" means the antilogarithm of the arithmetic average of the logarithms of the sample values, or the nth root of the product of n sample values.

"Ground water" means water in a saturated zone or stratum beneath the surface of land or below a surface water body.

"Health department" or "local health department" means city, county, city-county, or district public health department as defined in chapters 70.05, 70.08, and 70.46 RCW.

"Individual permit," for the purposes of this chapter, means a permit issued by the department to a single treatment works treating domestic sewage in accordance with WAC 173-308-310, which authorizes the application of biosolids to the land or the disposal of biosolids in a municipal solid waste landfill.

"Industrial wastewater" is wastewater generated in a commercial or industrial process.

"Land application" is the application of biosolids to the land surface by means such as spreading or spraying; the injection of biosolids below the land surface; or the incorporation of biosolids into the soil, for the purpose of beneficial use.

"Land with a low potential for public exposure" is land that the public uses infrequently. This includes, but is not limited to, agricultural land, forest, and a reclamation site located in an unpopulated area (e.g., a strip mine located in a rural area).

"Land with a high potential for public exposure" is land that the public uses frequently. This includes, but is not limited to, a public contact site and a reclamation site located in a populated area (e.g., a construction site located in a city).

"Local health department" see definition of health department.

"Monthly average" is the arithmetic mean of all measurements taken during the month.

"Municipal sewage sludge" means sewage sludge generated from a publicly owned treatment works. For the purposes of this chapter, sewage sludge generated from the treatment of only domestic sewage in a privately owned or industrial treatment facility is considered municipal sewage sludge.

"Municipality" means a city, town, borough, county, parish, district, association, or other public body (including an inter-municipal agency of two or more of the foregoing entities) created by or under state law; or a designated and approved management agency under section 208 of the Clean Water Act, as amended. The definition includes a special district created under state law, such as a water district, sewer district, sanitary district, utility district, drainage district, or similar entity, or an integrated waste management facility as defined in section 201(e) of the Clean Water Act, as amended, that has as one of its principal responsibilities the treatment, transport, use, or disposal of biosolids.

"Other container" is either an open or closed receptacle. This includes, but is not limited to, a bucket, a box, a carton, and a vehicle or trailer with a load capacity of one metric ton or less.

"Owner" means any person with ownership interest in a site or facility, or who exercises control over a site or facility, but does not include a person who, without participating in management of the site or facility, holds indicia of ownership primarily to protect the person's security interest.

"Pasture" is land on which animals feed directly on feed crops such as legumes, grasses, grain stubble, or stover.

"Pollutant" is an organic substance, an inorganic substance, a combination of organic and inorganic substances, or a pathogenic organism that, after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the Administrator of EPA, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in either organisms or offspring of the organisms.

"Pollutant limit" is a numerical value that describes the amount of a pollutant allowed per unit amount of biosolids (e.g., milligrams per kilogram of total solids); the amount of a pollutant that can be applied to a unit area of land (e.g., kilograms per hectare); the volume of a material that can be applied to a unit area of land (e.g., gallons per acre); or the number of pathogens or indicator organisms per unit of biosolids. Pollutant limits are established in Tables 1 - 4 of WAC 173-308-160, in 173-308-170, and in 173-308-270.

"Public contact site" is land with a high potential for contact by the public. This includes, but is not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms, and golf courses.

"Publicly owned treatment works" means a treatment works treating domestic sewage that is owned by a municipality, the state of Washington, or the federal government.

"Range land" is generally open, uncultivated land dominated by herbaceous or shrubby vegetation that may be used for grazing or browsing, either by wildlife or livestock.

"Receiving-only facility" means a treatment works treating domestic sewage that only receives municipal sewage sludge or biosolids from other sources for further treatment and/or application to the land, and which does not generate any biosolids from the treatment of domestic sewage.

"Reclamation site" is drastically disturbed land that is reclaimed using biosolids. This includes, but is not limited to, strip mines and construction sites.

"Residential equivalent value" means the number of residential equivalents determined for a facility under chapter 173-224 WAC or a value similarly obtained under WAC 173-308-320.

"Restrict public access" means to minimize access of nonessential personnel to land where biosolids are applied, through the use of natural or artificial barriers, signs, remoteness, or other means.

"Saturated zone" means the zone below the water table in which all interstices are filled with water.

"Sewage sludge" is solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.

"Significant change in biosolids management practices" means a change in the quality of biosolids that are applied to the land, either from class A to class B for pathogens, or from Table 3 to Table 1 of WAC 173-308-160 for pollutant limits; the addition of a new area to which biosolids will be applied, which was not previously disclosed during a required public notice process; for class B biosolids only, a change from nonfood crops to food crops, a change from crops where the harvestable portions do not contact the biosolids/soil mixture to crops where the harvestable portion contacts the biosolids/soil mixture, or a change in site classification from land with a low potential for public exposure to land with a high potential for public exposure; or any change or deletion of a requirement established in an approved land application plan or established as a condition of coverage under a permit that would result in a decrease in buffer size, site monitoring, or facility reporting requirements, which was not otherwise provided for in the permit or plan approval process.

"Significantly remove or reduce recognizable materials" means to remove recognizable debris from biosolids by means such as screening, or to reduce the number of recognizable items in biosolids by means such as grinding, to a level that in the opinion of the department, will not result in an aesthetic nuisance or physical hazard when biosolids are applied to the land.

"Site" means all areas of land, including buffer areas, which are identified in the scope of an approved site specific land application plan. A site is considered to be new or expanded when biosolids are applied to an area not approved in a site specific land application plan or that was not previously disclosed during a required public notice process.

"Specific oxygen uptake rate (SOUR)" is the mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis) in the biosolids.

"State" means the state of Washington.

"Store or storage of biosolids" is the placing of biosolids on land on which the biosolids remain for two years or less. This does not include the placing of biosolids on land for treatment or disposal.

"Stover" is the nongrain, above-ground part of a grain crop, often corn or sorghum.

"Surface waters of the state" means surface waters of the state as defined in WAC 173-201A-020.

"Total solids" are the materials in biosolids that remain as residue when the biosolids are dried at 103 to 105°C.

"Treat or treatment of biosolids" is the preparation of biosolids for final use or disposal. This includes, but is not limited to, thickening, stabilization, and dewatering of biosolids. This does not include storage of biosolids.

"Treatment works" is either a federally owned, publicly owned, or privately owned device or system used to treat (including recycle and reclaim) either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature.

"Treatment works treating domestic sewage" means a publicly owned treatment works or any other sewage sludge or wastewater treatment devices or systems, regardless of ownership, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage or sewage sludge, including land dedicated for the disposal of sewage sludge. Treatment works treating domestic sewage also includes a beneficial use facility that has been permitted in accordance with the provisions of WAC 173-308-310, and a person, site, or facility designated as a treatment works treating domestic sewage in accordance with WAC 173-308-310 (1)(b). This definition does not include septic tanks or similar devices, but may include persons or vehicles that service septic systems and centralized septage facilities that are designated as a treatment works treating domestic sewage or are applicable under this definition.

"Unstabilized solids" are organic materials in biosolids that have not been treated in either an aerobic or anaerobic treatment process.

"Vector attraction" is the primarily odorous characteristic of biosolids that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.

"Volatile solids" is the amount of the total solids in biosolids that are lost when the biosolids are combusted at 550°C in the presence of excess air.

"Waters of the state" means waters of the state as defined in RCW 90.48.020.

"Wetlands" means those areas that are inundated or saturated by surface water or ground water at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

173-308-090Requirement for a person who prepares biosolids. Any person who prepares biosolids must ensure that the applicable requirements in this chapter and any applicable permit issued under this chapter are met when the biosolids are applied to the land.

173-308-100Requirement for a person who transports biosolids. (1) Any person who transports biosolids must ensure that the transportation vehicle is properly cleaned prior to use of the vehicle for the transportation of food crops, feed crops, or fiber crops.

(2) The transportation of biosolids is otherwise subject to regulation by the Washington state utilities and transportation commission under Title 81 RCW and WAC 173-308-030(2).

173-308-110Requirement for a person who applies biosolids. A person may not apply biosolids to the land except in accordance with applicable requirements of this chapter and any applicable permit issued under this chapter.

173-308-120Requirement to obtain and provide information. (1) It is a violation of the provisions of this chapter for any person to falsify a certification or statement that is required by these rules or to make any required certification or statement under false pretense.

(2) Any person who applies biosolids to the land must obtain information needed to comply with the requirements of this chapter.

(3) The person who prepares biosolids must provide the person who applies biosolids to the land with notice and necessary information to comply with the requirements of this chapter, including sufficient information on the concentration and types of nutrients in the biosolids needed to determine an agronomic rate for the crop under management.

(4) When a person who prepares biosolids provides the biosolids to another person who further prepares the biosolids, the person who provides the biosolids must provide the person who receives the biosolids notice and necessary information to comply with the requirements of this chapter.

(5) The person who applies bulk biosolids to the land must provide the owner or lease holder of the land on which the bulk biosolids are applied notice and necessary information to comply with the requirements of this chapter.

(6) The person who applies bulk biosolids to the land must obtain written approval of the landowner prior to applying biosolids to the land for the first time, when the bulk biosolids do not meet the criteria to be classified as exceptional quality.

(7) All persons required to keep and maintain records under any provision of this chapter must provide access to those records during normal business hours to a representative of the department, a local health department, or the United States EPA, and to the owner, lessor, lessee or other person with a legal management interest in the land on which the biosolids are applied, at the location where the records are kept.

(8) Any facility, including a beneficial use facility, must immediately notify all sources from which it receives biosolids, if at any time it becomes unsuitable for the purpose of receiving biosolids from those other sources.

173-308-130Additional or more stringent requirements. On a case-by-case basis, the department may impose requirements for the beneficial use of biosolids that are in addition to or more stringent than the requirements in this chapter if the department believes that the additional or more stringent requirements are necessary to protect public health and the environment from any adverse effect of a pollutant in the biosolids.

(1) In addition to other considerations, failure of a generator, applier, or landowner to conform to any applicable requirements of this chapter may be cause to impose additional or more stringent requirements.

(2) The department will impose any additional or more stringent requirements under WAC 173-308-130 in a permit issued to the applicable facility.

173-308-140Biosolids sampling and analysis methods. (1) Sampling. Samples that are collected and analyzed must be representative of the biosolids that are applied to the land.

(2) Analysis methods. The publications listed in this subsection are incorporated by reference in this chapter. Methods in the publications listed below must be used to analyze samples of biosolids unless other methods are approved in writing by the department. These publications are available for review during normal working hours at the Washington State Department of Ecology headquarters located at 300 Desmond Drive in Olympia, Washington.

(b) For fecal coliform use part 9221 E. or part 9222 D., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005.

(d) For inorganic pollutants use, "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, Second Edition (1982) with Updates I (April 1984) and II (April 1985) and Third Edition (November 1986) with Revision I (December 1987). Second Edition and Updates I and II are available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161 (PB 87-190-291). Third Edition and Revision I are available from Superintendent of Documents, Government Printing Office, 941 North Capitol Street NE, Washington, DC 20002 (Document Number 955-001-00000-1).

For the analysis of nitrogen and other nutrients the department may specify additional analytical references that are acceptable.

(e) For salmonella sp. bacteria use part 9260 D., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005; or Kenner, B.A. and H.P. Clark, "Detection and enumeration of Salmonella and Pseudomonas aeruginosa," Journal of the Water Pollution Control Federation, Vol. 46, no. 9, September 1974, pp. 2163-2171. Water Environment Federation, 601 Wythe Street, Alexandria, VA 22314.

(g) For total, fixed, and volatile solids use part 2540 G., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005.

173-308-150Frequency of biosolids monitoring. The person who prepares biosolids is responsible for ensuring that monitoring is carried out in accordance with the requirements of this chapter and any applicable permit. The minimum frequency of monitoring for the pollutants listed in Tables 1, 2, 3 and 4 of WAC 173-308-160; the pathogen density requirements in WAC 173-308-170; and the vector attraction reduction requirements in WAC 173-308-180, is prescribed in subsection (3) of this section;

(1) The frequency of monitoring required by this section is based on the dry weight tonnage of bulk biosolids applied to the land per three hundred sixty-five-day period, or the dry weight tonnage of biosolids received per three hundred sixty-five-day period by a person who prepares biosolids that are sold or given away for application to the land.

(2) After the biosolids have been monitored for two years at the frequency in subsection (3) of this section, the person who prepares the biosolids may request the department to reduce the frequency of monitoring for pollutant concentrations, and for the pathogen density requirements in WAC 173-308-170 (2)(c)(ii) and (iii). The frequency of monitoring must not be less than once per year when biosolids are applied to the land.

(3) MINIMUM FREQUENCY OF MONITORING

Metric tons (U.S. tons)

per 365-day period Frequency Greater than zero but less than 290 (320) once per year Equal to or greater than 290 (320) but less than 1,500 (1,653) once per quarter

(four times per year) Equal to or greater than 1,500 (1,653) but less than 15,000 (16,535) once per 60 days

(six times per year) Equal to or greater than 15,000 (16,535) once per month

173-308-160Biosolids pollutant limits. This section sets pollutant concentration limits, and annual and cumulative pollutant loading rate limits for biosolids that are applied to the land.

(1) Table 1 of this section sets the maximum allowable concentration (ceiling limit) of pollutants in biosolids that are applied to the land.

Municipal sewage sludge that contains any pollutant listed in Table 1 of this section at a concentration greater than the allowable ceiling limit is not biosolids, is a solid waste, and may not be applied to the land.

(2) Table 2 of this section sets the maximum quantities of pollutants that may be added to an area of land, also referred to as the cumulative pollutant loading rate. The cumulative pollutant loading rates in Table 2 apply when the concentration of any pollutant in biosolids that are applied to the land exceeds the allowable pollutant concentration limit in Table 3 of this section.

(a) A person may not apply bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section to a land application site, if any of those rates have been reached on the site.

(b) Before bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section are applied to the land, the person who proposes to apply the bulk biosolids must contact the local health department and the department to determine whether bulk biosolids subject to the cumulative pollutant loading rates were applied to the site before the effective date of this chapter.

(i) If bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section have been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site since that date is known, in addition to any amount subtracted in (b)(iii) of this subsection, the amount previously applied must be subtracted from the cumulative pollutant loading rate for each pollutant, to determine the remaining amount of pollutant that may be applied to the site.

(ii) If bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section have been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is not known, additional biosolids subject to the cumulative pollutant loading rates in Table 2 of this section may not be applied to the site.

(iii) If bulk biosolids were applied to the site prior to July 20, 1993, and the cumulative amount of each pollutant applied to the site prior to that date can be determined, in addition to any amount subtracted in (b)(i) of this subsection, the amount applied must be subtracted from the cumulative pollutant loading rate for each pollutant, to determine the remaining amount of pollutant that may be applied to the site.

(iv) If bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section have not been applied to the site, the cumulative amount of each pollutant listed in Table 2 of this section may be applied to the site.

(v) Any person who applies bulk biosolids to the land, which are subject to the cumulative pollutant loading rates in Table 2 of this section, must provide written notice prior to the initial application of bulk biosolids to the land. Notice must be submitted to the department, and to any local health department in whose jurisdiction the biosolids will be applied. The department and the local health department must retain and provide access to the notice. The notice must include:

(A) The location, by street address if applicable, a copy of the assessor's plat map(s) with the application area(s) clearly shown or the latitude and longitude of the approximate center of each land application site, and the section, township and range of each quarter section on which biosolids are applied; and

(B) The name, address, telephone number, and National Pollutant Discharge Elimination System or state waste discharge permit number and state biosolids permit number (if applicable) of the person who prepared the biosolids and also of the person who applies (if applicable) the bulk biosolids.

(3) Table 3 of this section sets a lower pollutant concentration threshold which, when achieved, relieves the person who prepares biosolids and the person who applies biosolids, from certain requirements related to recordkeeping, reporting, and labeling.

(4) Table 4 of this section sets annual pollutant loading rates used to derive an annual whole biosolids application rate. Table 4 is applicable only when biosolids that are sold or given away in a bag or other container for application to the land exceed any of the pollutant concentration limits in Table 3 of this section. The person who prepares the biosolids must provide information on compliance with this requirement on a label or information sheet as required under WAC 173-308-260 (1)(b)(ii) and (4)(b).